Article II: Declaration of Principles and State Policies

16349 Words Apr 16th, 2012 66 Pages
ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES
Declaration of Principles and State Policies = statement of the basic ideological principles and policies that underlie the Constitution.
The provisions shed light on the meaning of the other provisions of the Constitution and they are a guide for all departments of the government in the implementation of the Constitution.
•Principles = binding rules which must be observed in the conduct of government (1-6)
Not all 6 principles are self-executory
•Policies = guidelines for the orientation of the state(7-28)
Some policies already anchor justiciable rights.
Kilosbayan v. Morato = read Sec 5,12, 14, and 17 as mere “guidelines” which do not yet confer rights enforceable by courts but
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Functions of Government As defined in Bacani v. NACOCO ,the functions of government are classified into constituent and ministrant functions. Constituent Functions The constituent functions of government are the compulsory functions of government that constitute the very bonds of society. As enumerated by Woodrow Wilson, they are:
1. The keeping of order and providing for the protection of persons and property from violence and robbery.
2. The fixing of legal relations between man and wife and between parents and children.
3. The regulation of the holding, transmission, and interchange of property, and the determination its liabilities for debt or for crime
4. The determination of contract rights between individuals.
5. The definition and punishment of crime.
6. The administration of justice in civil cases.
7. The determination of the political duties, privileges, and relations of citizens
8. Dealings of the state with foreign powers: the preservation of the state from external danger or encroachment and the advancement of its international interest. It is opined that housing for the people and the compelling demands of social justice now fall under the ambit of a government’s constituent functions.
Ministrant Functions
Ministrant functions of the government are the optional functions that are intended for achieving a better life for the community. The principles for determining whether or not the government shall exercise these functions are: